Industrial Safety Equipment Association, Inc. v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia
837 F.2d 1115 (1988)
- Written by Jack Newell, JD
Facts
The Environment Protection Agency (EPA) (defendant) and the National Institute for Occupational Safety and Health (NIOSH) released a set of guidelines concerning respirators used to stop the inhalation of asbestos. Of the 13 respirators that the agencies approved, they announced that they did not recommend 11 of them. The Industrial Safety Equipment Association (ISEA) (plaintiff) sued the EPA on the grounds that the guidance amounted to a new rule that it had promulgated without going through the necessary rulemaking process. The ISEA also contended that the guidance had effectively decertified the 11 respirators, severely damaging the market for those respirators. The district court ruled in favor of the EPA, and the ISEA appealed.
Rule of Law
Issue
Holding and Reasoning (Wald, C.J.)
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